Wind and Solar Energy Impacted by Increased Regulatory Control

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Alberta Regulation 222/2024, enacted under the Environmental Protection and Enhancement Act, introduces amendments to the Activities Designation Regulation (AR 276/2003) to address renewable energy operations, including hydroelectric, solar, and wind power. The regulation expands the scope of designated activities to include renewable energy generation, aligning with evolving environmental and energy priorities.

Section 2(3) is updated to define “hydroelectric power” as electricity generation from moving water and introduces “hydroelectric renewable energy operation” as a renewable energy activity under the Conservation and Reclamation Regulation. The amendment also broadens the definition of projects requiring regulation to include hydroelectric operations alongside coal processing plants and transmission lines. Section 3(3) adds definitions for solar and wind power generation, specifying criteria for operations requiring regulatory oversight. Solar electric renewable energy operations are defined as those generating electricity from solar power, with a footprint exceeding one hectare or a capacity exceeding the Micro-generation Regulation’s limits for large micro-generation, excluding operations for private use on owned property. Similarly, wind electric renewable energy operations are defined based on footprint and capacity criteria, also excluding private-use projects.

To accommodate existing renewable energy projects, transitional provisions are added. Section 10.3 permits ongoing construction, operation, or reclamation of hydroelectric renewable energy operations active before the regulation’s enactment to continue without additional approval until January 1, 2030. Similarly, Section 11.1 allows pre-existing solar and wind renewable energy operations to proceed without registration until January 1, 2027. These transitional measures aim to facilitate a smooth regulatory shift for active projects while maintaining oversight of new initiatives.

Amendments to Schedule 1 and Schedule 2 further integrate renewable energy operations into regulatory frameworks. Schedule 1, Division 3, is updated to include hydroelectric renewable energy operations, while Schedule 2, Division 3, adds solar and wind operations. These additions formalize the inclusion of renewable energy projects within Alberta’s environmental oversight mechanisms.

The regulation aligns with the government of Alberta’s commitment to regulating renewable energy development within its environmental protection framework, ensuring sustainable practices while supporting the province’s transition to cleaner energy sources. The amendments reflect a broader effort to adapt legislation to contemporary energy and environmental challenges.

Alberta (222/2024) January 15, 2025